Department of Commerce August 2013 – Federal Register Recent Federal Regulation Documents
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Fisheries of the Exclusive Economic Zone Off Alaska; Arrowtooth Flounder in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for arrowtooth flounder in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2013 arrowtooth flounder initial total allowable catch (ITAC) in the BSAI.
Pacific Fishery Management Council; Public Meetings
The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold public meetings.
South Atlantic Fishery Management Council; Public Meeting
In addition to a Swearing-In Ceremony for new South Atlantic Fishery Management Council (Council) Members and a Council Member Visioning Workshop, the Council will hold a meetings of the: Ecosystem- Based Management Committee: Dolphin Wahoo Committee; Southeast Data, Assessment and Review Committee (partially Closed Session); Snapper Grouper Committee; King & Spanish Mackerel Committee; Advisory Panel Selection Committee (closed session); Protected Resources Committee; Executive Finance Committee; Data Collection Committee; and a meeting of the Full Council. The Council will take action as necessary. The Council will also hold an informal public question and answer session regarding agenda items and a formal public comment session.
Mid-Atlantic Fishery Management Council; Public Meeting
The Mid-Atlantic Fishery Management Council's (Council) Mackerel, Squid, and Butterfish Advisory Panel (AP) will meet to develop recommendations for Georges Bank yellowtail flounder accountability measures.
Mid-Atlantic Fishery Management Council; Public Meeting
The Mid-Atlantic Fishery Management Council's (MAFMC) Bluefish Monitoring Committee and Summer Flounder, Scup, and Black Sea Bass Monitoring Committee will hold a public meeting.
Atlantic Highly Migratory Species; 2014 Atlantic Shark Commercial Fishing Season
This proposed rule would establish opening dates and adjust quotas for the 2014 fishing season for the Atlantic commercial shark fisheries. Quotas would be adjusted as allowable based on any over- and/or underharvests experienced during 2013 and previous fishing seasons. In addition, NMFS proposes season openings based on adaptive management measures to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
Pacific Fishery Management Council; Notice of Intent
NMFS and the Pacific Fishery Management Council (Council) announce their intent to prepare an EIS in accordance with the National Environmental Policy Act (NEPA) of 1969 to analyze the long-term impacts on the human (biological, physical, social, and economic) environment of setting harvest specifications (including Overfishing Limits (OFLs), Acceptable Biological Catches (ABCs), and Annual Catch Limits (ACLs)) and management measures, and implementing harvest specifications and management measures in Federal regulations for 2015 and 2016, pursuant to the Pacific Coast Groundfish Fishery Management Plan.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental To Conducting Maritime Strike Operations by Eglin Air Force Base in the Gulf of Mexico
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the U.S. Air Force (USAF), Eglin Air Force Base (Eglin AFB), to take marine mammals, by harassment, incidental to Maritime Strike Operations in the Gulf of Mexico (GOM). The USAF's activities are considered military readiness activities.
Atlantic Highly Migratory Species; 2006 Consolidated Highly Migratory Species Fishery Management Plan; Amendment 7
NMFS will publish a proposed rule for Draft Amendment 7 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) to control bluefin incidental catch (landings and dead discards) in the pelagic longline fishery, enhance reporting in all categories, and ensure U.S. compliance with the ICCAT-recommend quota. As described in the proposed rule, the proposed measures include Allocation measures, Area-Based measures, Bluefin Quota Controls, Enhanced Reporting measures, and other measures that modify rules with respect to how the various quota categories utilize quota. In this notice, NMFS announces the dates and logistics for 10 public hearings to provide additional opportunities for members of the public to comment on the bluefin management measures proposed in Draft Amendment 7. NMFS will also consult with the HMS Advisory Panel during its meeting scheduled September 9-12, 2013. There will be opportunities for public comment during open sessions held each day of the Advisory Panel meeting.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Wharf Recapitalization Project
NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to construction activities as part of a wharf recapitalization project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting public comment on its proposal to issue an incidental harassment authorization (IHA) to the Navy to take, by harassment only, two species of marine mammal during the specified activity.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting; Correction
The Mid-Atlantic Fishery Management Council's (Council) Spiny Dogfish Advisory Panel (AP) will meet to develop a Fishery Performance Report for the Spiny Dogfish fishery in preparation for the Council and the Council's Scientific and Statistical Committee review of specifications that have been set for the 2014 fishing year.
Brass Sheet and Strip From Italy: Rescission of Antidumping Duty Review; 2012-2013
The Department of Commerce (Department) is rescinding the administrative review of the antidumping duty order on brass sheet and strip from Italy for the period March 1, 2012, through February 28, 2013.
Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management
The National Telecommunications and Information Administration (NTIA) is making certain changes to its regulations, which relate to the public availability of the Manual of Regulations and Procedures for Federal Radio Frequency Management (NTIA Manual). Specifically, NTIA is releasing a new edition of the NTIA Manual, which Federal agencies must comply with when requesting use of radio frequency spectrum.
Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and Accountability Measures for 2013-14
NMFS proposes to specify an annual catch limit of 346,000 lb for Deep 7 bottomfish in the main Hawaiian Islands for the 2013-14 fishing year. If and when the annual catch limit is projected to be reached, NMFS would close the commercial and non-commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year. The proposed specifications and fishery closure support the long-term sustainability of Hawaii bottomfish.
Certain Polyester Staple Fiber From the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2012-2013
The Department of Commerce (the Department) is rescinding the administrative review of the antidumping duty order on certain polyester staple fiber (polyester staple fiber) from the Republic of Korea (Korea) for the period May 1, 2012, through April 30, 2013, based on the withdrawal of requests for review.
Fisheries of the Exclusive Economic Zone Off Alaska; Thornyhead Rockfish in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting retention of thornyhead rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2013 total allowable catch of thornyhead rockfish in the Western Regulatory Area of the GOA has been reached.
North Pacific Fishery Management Council (NPFMC); Public Meetings
The North Pacific Fishery Management Council's (Council) Gulf of Alaska (GOA) and Bering Sea/Aleutian Islands (BS/AI) groundfish plan teams will meet in Seattle, WA.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Whiting Advisory Panel on September 9, 2013 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Joint Groundfish/Habitat Committees on September 5, 2013 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
National Climate Assessment and Development Advisory Committee (NCADAC)
This notice sets forth the schedule of a forthcoming meeting of the DoC NOAA National Climate Assessment and Development Advisory Committee (NCADAC). Time and Date: The meeting will be held Monday, September 9, 2013 from 3:00 p.m.-5:00 p.m. Eastern time. Place: This meeting will be a conference call. Public access and materials will be available at the office of the U.S. Global Change Research Program, Conference Room A, Suite 250, 1717 Pennsylvania Avenue NW., Washington, DC 20006. The public will not be able to dial into the call. Please check the National Climate Assessment Web site for additional information at https://www.globalchange.gov/what-we-do/ assessment. Status: The meeting will be open to public participation with a 10- minute public comment period from 4:45-4:55 p.m. The NCADAC expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of two minutes. Written comments should be received in the NCADAC DFO's office by Tuesday, September 3, 2013 to provide sufficient time for NCADAC review. Written comments received by the NCADAC DFO after Tuesday, September 3, 2013 will be distributed to the NCADAC, but may not be reviewed prior to the meeting date. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12 p.m. on Tuesday, September 3, 2013 to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East- West Hwy., Silver Spring, MD 20910. Matters To Be Considered: Please refer to the Web page https:// www.nesdis.noaa.gov/NCADAC/Meetings.html for the most up-to-date meeting agenda, when available.
Endangered Species; File No. 16733
Notice is hereby given that NMFS Southeast Fisheries Science Center (SEFSC; Responsible Party: Bonnie Ponwith), 75 Virginia Beach Dr., Miami, FL 33149 has been issued a permit to take loggerhead (Caretta caretta), green (Chelonia mydas), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), and olive ridley (L. olivacea) sea turtles for purposes of scientific research.
Notice of Availability of Draft Environmental Assessment on the Effects of Issuing an Incidental Take Permit No. 18102
NMFS announces the availability of the ``Draft Environmental Assessment (EA) on the Effects of Issuing an Incidental Take Permit (No. 18102) to the North Carolina Division of Marine Fisheries for the Incidental Take of Atlantic Sturgeon Distinct Population Segments in the North Carolina Inshore Gillnet Fishery.'' Publication of this notice begins the official public comment period for this draft EA. Per the National Environmental Policy Act (NEPA), the purpose of the draft EA is to evaluate the potential direct, indirect, and cumulative impacts caused by the issuance of Permit No. 18102 to the North Carolina Division of Marine Fisheries (NCDMF) for the incidental take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) Gulf of Maine, New York Bight, Chesapeake, Carolina, and South Atlantic Distinct Population Segments (DPSs) associated with the otherwise lawful commercial and recreational fisheries operating in estuarine waters and deploying anchored gill nets (i.e., passive gill net sets deployed with an anchor or stake at one or both ends of the nets). All comments received will become part of the public record and will be available for review. An electronic copy of the revised application and proposed conservation plan may be obtained by contacting NMFS Office of Protected Resources (see FOR FURTHER INFORMATION CONTACT) or visiting the Internet at www.nmfs.noaa.gov/pr/permits/esa_review.htm.
Proposed Designation of Marine Critical Habitat for the Loggerhead Sea Turtle, Caretta caretta, Under the Endangered Species Act; Public Hearing
We, NMFS, will hold public hearings related to our Proposed Designation of Marine Critical Habitat for the Loggerhead Sea Turtle, Caretta caretta, under the Endangered Species Act (ESA).
North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews
On August 6, 2013, the NAFTA Chapter 19 binational panel issued its decision in the review of the final results of the 2008-2009 antidumping administrative review made by the U.S. Department of Commerce, with respect to Light-Walled Rectangular Pipe and Tube from Mexico, NAFTA Secretariat File Number USA-MEX-2011-1904-02. The panel affirmed the U.S. Department of Commerce's Final Determination regarding this matter. Copies of the panel's decision are available from the U.S. Section of the NAFTA Secretariat.
Atlantic Highly Migratory Species; 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Amendment 7
NMFS proposes regulations to implement management measures in Amendment 7 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) to ensure sustainable management of bluefin tuna consistent with the 2006 HMS FMP addressing ongoing management challenges in the Atlantic bluefin tuna fisheries. Amendment 7 also proposes minor regulatory changes related to the management of Atlantic HMS. Amendment 7 was developed by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). The proposed measures would reallocate the U.S. bluefin tuna quota among domestic fishing categories. The rule would also implement several actions applicable to the pelagic longline fishery, including: Individual Bluefin Quotas (IBQs); two new Gear Restricted Areas, access to current closed areas based on performance criteria; closure of the pelagic longline fishery when annual bluefin tuna quota is reached; elimination of target catch requirements associated with retention of incidental bluefin tuna in the pelagic longline fishery; mandatory retention of legal-sized bluefin tuna caught as bycatch; expanded monitoring requirements, including electronic monitoring via cameras and bluefin tuna catch reporting via Vessel Monitoring System (VMS); and transiting provisions for pelagic and bottom longline vessels. The proposed rule would also require VMS use and reporting by the Purse Seine category; change the start date of the Purse Seine category to June 1; expand Automated Catch Reporting System use to the General and Harpoon categories; provide additional flexibilities for inseason adjustment of the General category quota and Harpoon category retention limits; and allocate a portion of the Angling category Trophy South subquota to the Gulf of Mexico. Finally, it would adopt several measures not directly related to bluefin tuna management, including implementing a U.S. North Atlantic albacore tuna quota; modifying rules regarding permit category changes; and implementing minor changes in the Highly Migratory Species regulations for administrative or clarification purposes.
Highly Migratory Species; 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Amendment 8
This final rule implements Amendment 8 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). Amendment 8 to the 2006 Consolidated HMS FMP provides additional opportunities for U.S. fishermen to harvest swordfish using selective gears that are low in bycatch, given their rebuilt status and increased availability. This final rule creates new and modified commercial fishing vessel permits that allow permit holders to retain and sell a limited number of swordfish caught on rod and reel, handline, harpoon, green-stick, or bandit gear. Specific management measures under this final action include the establishment of a new open access commercial swordfish permit, modification of HMS Charter/ Headboat permit regulations to allow for the commercial retention of swordfish on non-for-hire trips, regional swordfish retention limits for the new and modified permits, gear authorizations, and reporting requirements.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Closure
NMFS is prohibiting directed fishing for Pacific sardine off the coasts of Washington, Oregon and California. This action is necessary because the directed harvest allocation total for the second seasonal period (July 1-September 14) is projected to be reached by the effective date of this rule. From the effective date of this rule until September 15, 2013, Pacific sardine may be harvested only as part of the live bait fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 40-percent by weight of all fish per trip. Fishing vessels must be at shore and in the process of offloading at 12:01 a.m. Pacific Daylight Time, August 22, 2013.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts
NMFS announces that the 2013 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2013, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing summer flounder in Massachusetts.
Fisheries of the Northeastern United States; Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery
Based on Atlantic States Marine Fisheries Commission (Commission) recommendations, the NMFS is issuing this advance notice of proposed rulemaking to provide background information and request public comment on potential changes to Federal American lobster regulations. The proposed measures for the lobster trap fishery are intended to address the Commission's recommendations for Federal action to address the poor condition of the Southern New England (SNE) lobster stock and foster stock rebuilding. The rulemaking action considers management measures that would reduce lobster exploitation by 10 percent and reduce trap fishing effort in the SNE lobster management areas.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the South Atlantic States; Amendment 22; Correction
This document contains a correction to a supplemental NOI published in the Federal Register on August 2, 2013, regarding the implementation of management measures described in Amendment 22 to the Fishery Management Plan for the Snapper-Grouper Fishery in the South Atlantic Region (Amendment 22). The document contained an incorrect docket number in the ADDRESSES section. This document corrects that mistake. NMFS is extending until October 3, 2013, the period for public comment regarding the management measures described in Amendment 22. NMFS is extending the comment period to ensure there is adequate time to submit complete responses.
Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #6 Through #11
NOAA Fisheries announces six inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial fisheries in the area from the U.S./Canada Border to Humboldt South Jetty.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit from the default limit of one large medium or giant BFT to three large medium or giant BFT for the September, October through November, and December time periods of the 2013 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and/or exporters of certain frozen warmwater shrimp (frozen shrimp) from the Socialist Republic of Vietnam (Vietnam). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Affirmative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain frozen warmwater shrimp from the People's Republic of China (PRC). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Certain Frozen Warmwater Shrimp From Ecuador: Final Affirmative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and/or exporters of certain frozen warmwater shrimp (frozen shrimp) from Ecuador. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Certain Frozen Warmwater Shrimp From Malaysia: Final Affirmative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain frozen warmwater shrimp from Malaysia. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Certain Frozen Warmwater Shrimp from India: Final Affirmative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and/or exporters of certain frozen warmwater shrimp (frozen shrimp) from India. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Certain Frozen Warmwater Shrimp From Thailand: Final Negative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are not being provided to producers and exporters of certain frozen warmwater shrimp (frozen shrimp) from Thailand.
Certain Frozen Warmwater Shrimp From the Republic of Indonesia: Final Negative Countervailing Duty Determination
The Department of Commerce (the Department) determines that countervailable subsidies are not being provided to producers and/or exporters of certain frozen warmwater shrimp (frozen shrimp) from the Republic of Indonesia (Indonesia).
Common Format for Federal Entity Transition Plans
The National Telecommunications and Information Administration (NTIA) issues this Notice of Inquiry (NOI) to seek public input on a common format for transition plans to be developed by federal entities to facilitate the relocation of, and spectrum sharing with, U.S. Government stations in spectrum bands reallocated from federal use to non-federal use, or to shared use, and auctioned by the Federal Communications Commission (FCC). Pursuant to Section 923(h)(1) of Title 47 of the U.S. Code, NTIA will specify, after public input, a common format for all affected federal entities to follow in preparing transition plans for the eligible frequencies in the 1695-1710 MHz and 1755-1780 MHz bands.
Spectrum Monitoring Pilot Program
In his June 2013 Executive Memorandum on Expanding America's Leadership in Wireless Innovation, President Obama directed the National Telecommunications and Information Administration (NTIA) to design and conduct a pilot program to monitor spectrum usage in real time in selected communities throughout the country. NTIA's budget request to Congress for fiscal year (FY) 2014 seeks an initial $7.5 million research and development investment for a two-year pilot program to determine the benefits of an automated spectrum measurement and data collection system to better analyze actual spectrum usage. NTIA issues this Notice of Inquiry (NOI) to seek public comment on this proposed spectrum monitoring pilot program that, if funded, would develop and deploy a prototype system to monitor spectrum usage in up to ten metropolitan areas throughout the United States. The NOI requests input from all interested stakeholders on the measurement system's design, features, deployment options, operational parameters, expected utility, potential benefits, and other issues. Subject to the availability of funds, NTIA will design, develop, validate, and field this prototype system and evaluate whether a more comprehensive monitoring program would create additional opportunities for more efficient spectrum access through, for example, increased and more dynamic sharing. NTIA intends to use the input received in response to this NOI to help design and implement the spectrum monitoring program.
Endangered Species; File Nos. 17557 and 17273
Notice is hereby given that the National Ocean Service Marine Forensic Lab (NOS Lab) [Responsible Party: M. Katherine Moore], 219 Fort Johnson Road, Charleston, SC 29412 (File No. 17557), and the NOAA Fisheries Northeast Region, Protected Resources Division [Responsible Party: Mary Colligan], 1 Blackburn Drive, Gloucester, MA 01930 (File No. 17273), have been issued permits to take marine mammal and endangered species parts for purposes of scientific research.
Endangered Species; File No. 17405
Notice is hereby given that David Lapota, Ph.D., Department of the Navy, SPAWAR Systems Center, Pacific, Environmental Sciences Division, 53475 Strothe Road, San Diego, CA 92152, has been issued a permit to take black abalone (Haliotis cracherodii) for purposes of scientific research.
Mid-Atlantic Fishery Management Council; Public Meeting
The Mid-Atlantic Fishery Management Council's (MAFMC) Summer Flounder, Scup, and Black Sea Bass Advisory Panel (AP) will hold a public meeting.
Advisory Committee on Supply Chain Competitiveness: Notice of Public Meeting
This notice sets forth the schedule and proposed topics of discussion for a public meeting of the Advisory Committee on Supply Chain Competitiveness (Committee).
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